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The terms used to refer to the sources of law are  still marked by the inuence of Rome: lex and  consuetudo. Despite this semantic legacy, it is difficult to know what those terms referred to in the  Roman period. Of course, it would be presumptuous  to transpose our modern categories and to  consider laws as impersonal and general rules  issued from sovereign powers, and customs as  spontaneously generated uses that have been accepted  by the social groups concerned.  Though Roman jurisconsultes did not deal with  the theoretical question of custom, the problem of  the relationship between laws and customs did  occur in the practice of law. Everywhere in the  provinces, local rules persisted alongside Roman  law, and judges had to reconcile the discrepancies.  Obviously, it is impossible to grasp the realities of  native laws. When texts mentioned the consuetudines  of some cities, those customs were only  considered in light of their interactions with Roman  law. Legal anthropology has emphasised that  the very existence of custom does not simply reect  popular will. Rather, it is linked to a legal order  anxious to choose from among local traditions  those to be deemed customs. In the Late Empire,  customs are mainly visible in administrative matters,  and those administrative customs could be  part of the very legacy of Rome. Indeed, they  helped to shape particular identities.  My paper will promote the view of legal anthropology  to understand the role of the custom in  Late Antiquity. I focus on the fact that custom can  be understood as a privilege (privata lex), especially  in the case of the rst national laws given to  barbarian tribes established in the Late Roman  Empire.

Consuetudo Legis: Writing Down Customs in the Roman Empire (2nd–5th Century CE)